NONQUALIFIED PLANS AND PROGRAMS Sample Clauses

NONQUALIFIED PLANS AND PROGRAMS. (a) Except as specifically set forth in Section 5.2(a) and effective as of the Distribution Date, the members of the Solutia Benefits Group shall assume and be solely responsible for all Liabilities of the Pre-Distribution Group to or relating to Solutia Participants under all Cash Incentive Plans. Solutia and Monsanto shall cooperate in taking all actions necessary or appropriate to adjust the performance goals and other terms and conditions of awards under the Cash Incentive Plans for performance periods that begin before and end after the Distribution Date as appropriate to reflect the Distribution, including amending any Cash Incentive Plan or grant thereunder, and obtaining any necessary consents of affected participants. (b) Except as specifically set forth in Section 5.2(a) and effective as of the Distribution Date, Solutia shall assume and be solely responsible for all Liabilities of the Pre-Distribution Group to or relating to (i) Solutia Participants under the Supplemental Retirement Plans, except for Liabilities with respect to benefits under the Monsanto Company ERISA Pension Parity Plan and the Monsanto Company ERISA Parity Savings and Investment Plan of Retained Solutia Inactive Participants, and (ii) Supplemental Retirement Agreements with Solutia Employees. Solutia and Monsanto shall cooperate in taking all actions necessary or appropriate to implement the foregoing, including amending any Supplemental Retirement Plan or Supplemental Retirement Agreement and obtaining any necessary consents of affected individuals. (c) Except as specifically set forth in Section 5.2(a) and effective as of the Distribution Date, Solutia shall assume and be solely responsible for all Liabilities of the Pre-Distribution Group to or relating to Solutia Participants under all U.S. Deferred Compensation Plans.
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NONQUALIFIED PLANS AND PROGRAMS. (a) Effective as of the Cut- ------------------------------- off Date, Tupperware and the Tupperware Subsidiaries shall assume and be solely responsible for all Liabilities of the Pre-Distribution Group to or relating to Tupperware Participants under all annual and long-term cash incentive compensation plans of Premark, the Premark Subsidiaries, Tupperware and the Tupperware Subsidiaries (the "Cash Incentive Plans"). Tupperware and Premark shall cooperate in taking all actions necessary or appropriate to adjust the performance goals and other terms and conditions of awards under the Cash Incentive Plans for performance periods that begin before and end after the Cut-Off Date as appropriate to reflect the Distribution, including, but not limited to, amending any Cash Incentive Plan or grant thereunder and obtaining any necessary consents of affected participants. (b) Effective as of the Cut-off Date: (i) Tupperware and the Tupperware Subsidiaries shall establish a plan (the "Tupperware Supplemental Plan") substantially similar to the Premark Supplemental Plan to provide supplemental retirement benefits to certain management and highly compensated employees; (ii) Premark shall amend the Premark Supplemental Plan, if necessary, so that no Tupperware Employee who is a participant therein shall be deemed to have terminated employment as a result of the Distribution or as a result of becoming a Tupperware Employee in connection with the Distribution; and (iii) Tupperware and the Tupperware Subsidiaries shall assume and be solely responsible for all Liabilities of the Pre-Distribution Group to or relating to Tupperware Participants under the Premark Supplemental Plan. All deferral elections and beneficiary designations made by Tupperware Participants under the Premark Supplemental Plan shall remain in effect with respect to the Tupperware Supplemental Plan from and after the Cut-off Date, until changed in accordance with the Tupperware Supplemental Plan. Tupperware and Premark shall cooperate in taking all actions necessary or appropriate to accomplish the foregoing and to ensure that as of the Cut-off Date, Premark and the Premark Subsidiaries cease to have any Liabilities to or relating to the Tupperware Participants under the Premark Supplemental Plan, including, but not limited to, amending the Premark Supplemental Plan or any grant thereunder and obtaining any necessary consents of affected participants.
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NONQUALIFIED PLANS AND PROGRAMS. (a) Except as specifically set forth in Section 5.02(a) and effective as of the Distribution Date, the members of the Chemicals Benefits Group shall assume and be solely responsible for all Liabilities of the Pre-Distribution Group to or relating to Chemicals Participants under all Cash Incentive Plans. Chemicals and Monsanto shall cooperate in taking all actions necessary or appropriate to adjust the performance goals and other terms and conditions of awards under the Cash Incentive Plans for performance periods that begin before and end after the Distribution Date as appropriate to reflect the Distribution, including amending any Cash Incentive Plan or grant thereunder, and obtaining any necessary consents of affected participants. (b) Except as specifically set forth in Section 5.02(a) and effective as of the Distribution Date, Chemicals shall assume and be solely responsible for all Liabilities of (c) Except as specifically set forth in Section 5.02(a) and effective as of the Distribution Date, Chemicals shall assume and be solely responsible for all Liabilities of the Pre-Distribution Group to or relating to Chemicals Participants under all U.S. Deferred Compensation Plans.
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Related to NONQUALIFIED PLANS AND PROGRAMS

  • Deferred Compensation Plans Employees are to be included in the State of California, Department of Personnel Administration's, 401(k) and 457 Deferred Compensation Programs. Eligible employees under IRS Code Section 403(b) will be eligible to participate in the 403(b) Plan.

  • Plans and Benefit Arrangements Except to the extent a violation of the following would not reasonably be expected to have a Material Adverse Effect: (i) With respect to all Benefit Arrangements, Plans and Multiemployer Plans, the Borrower and each member of the Controlled Group is in compliance with all applicable provisions of ERISA and any other Applicable Laws. There has not been any non-exempt Prohibited Transaction or Reportable Event with respect to any Benefit Arrangement or any Plan or, to the best knowledge of the Borrower, with respect to any Multiemployer Plan or Multiple Employer Plan. The Borrower and all members of the Controlled Group have made any and all payments required to be made under any agreement relating to a Multiemployer Plan or a Multiple Employer Plan or any Applicable Law pertaining thereto. With respect to each Plan and Multiemployer Plan, the Borrower and each member of the Controlled Group (i) have fulfilled their obligations under the minimum funding standards of ERISA, (ii) have not incurred any liability to the PBGC and (iii) have not had asserted against them any penalty for failure to fulfill the minimum funding requirements of ERISA. (ii) With respect to any Plan, no determination has been made that such Plan is in “at-risk” status (as defined in Section 303(i)(4) of ERISA or Section 430(i)(4) of the Code). (iii) To the best of the Borrower’s knowledge, each Multiemployer Plan and Multiple Employer Plan is able to pay benefits thereunder when due. (iv) Neither the Borrower nor any member of the Controlled Group has instituted proceedings to terminate any Plan in other than a “standard termination” (as defined in ERISA Section 4041(b)). Neither the Borrower nor any member of the Controlled Group has incurred any liability under Title IV of ERISA with respect to the termination of any Plan. (v) No event requiring notice to the PBGC under Section 303(k)(4)(A) of ERISA has occurred or is reasonably expected to occur with respect to any Plan. (vi) Neither the Borrower nor any member of the Controlled Group has been notified by any Multiemployer Plan or Multiple Employer Plan that such Multiemployer Plan or Multiple Employer Plan has been reorganized or terminated within the meaning of Title IV of ERISA or is in “endangered” or “critical” status, within the meaning of Section 432 of the Code or Section 305 of ERISA, and, to the best knowledge of the Borrower, no Multiemployer Plan or Multiple Employer Plan is or shall be reasonably expected to be reorganized or terminated, within the meaning of Title IV of ERISA. (vii) To the extent that any Benefit Arrangement is insured, the Borrower and all members of the Controlled Group have paid when due all premiums required to be paid. To the extent that any Benefit Arrangement is funded other than with insurance, the Borrower and all members of the Controlled Group have made all contributions required to be paid for all prior periods. (viii) Neither the Borrower nor any member of the Controlled Group has withdrawn from a Plan subject to Section 4063 of ERISA during a plan year in which such entity was a “substantial employer” as defined in Section 4001(a)(2) of ERISA, nor has a cessation of operations that is treated as such a withdrawal under Section 4062(e) of ERISA occurred.

  • Savings Plans Employee shall be entitled to participate in Employer’s 401(k) plan, or other retirement or savings plans as are made available to Employer’s other executives and officers and on the same terms which are available to Employer’s other executives and officers.

  • Employee Benefit Plans and Programs During the Employment Period, the Executive shall be treated as an employee of the Association and shall be entitled to participate in and receive benefits under any and all qualified or non-qualified retirement, pension, savings, profit-sharing or stock bonus plans, any and all group life, health (including hospitalization, medical and major medical), dental, accident and long term disability insurance plans, and any other employee benefit and compensation plans (including, but not limited to, any incentive compensation plans or programs, stock option and appreciation rights plans and restricted stock plans) as may from time to time be maintained by, or cover employees of, the Association, in accordance with the terms and conditions of such employee benefit plans and programs and compensation plans and programs and consistent with the Association's customary practices.

  • Company Plans Section 1.11(a)................ 6 Company................................Preamble....................... 1

  • Qualified Plans With respect to each Employee Benefit Plan intended to qualify under Code Section 401(a) or 403(a) (i) the Internal Revenue Service has issued a favorable determination letter, true and correct copies of which have been furnished to Medical Manager, that such plans are qualified and exempt from federal income taxes; (ii) no such determination letter has been revoked nor has revocation been threatened, nor has any amendment or other action or omission occurred with respect to any such plan since the date of its most recent determination letter or application therefor in any respect which would adversely affect its qualification or materially increase its costs; (iii) no such plan has been amended in a manner that would require security to be provided in accordance with Section 401(a)(29) of the Code; (iv) no reportable event (within the meaning of Section 4043 of ERISA) has occurred, other than one for which the 30-day notice requirement has been waived; (v) as of the Effective Date, the present value of all liabilities that would be "benefit liabilities" under Section 4001(a)(16) of ERISA if benefits described in Code Section 411(d)(6)(B) were included will not exceed the then current fair market value of the assets of such plan (determined using the actuarial assumptions used for the most recent actuarial valuation for such plan); (vi) all contributions to, and payments from and with respect to such plans, which may have been required to be made in accordance with such plans and, when applicable, Section 302 of ERISA or Section 412 of the Code, have been timely made; and (vii) all such contributions to the plans, and all payments under the plans (except those to be made from a trust qualified under Section 401(a) of the Code) and all payments with respect to the plans (including, without limitation, PBGC (as defined below) and insurance premiums) for any period ending before the Closing Date that are not yet, but will be, required to be made are properly accrued and reflected on the Current Balance Sheet.

  • Meal Plans Residents living in Residence Facility are required to purchase a College meal plan. Information regarding the meal plan options can be found at xxx.xxx.xxx/xxxxxxx.

  • Retirement Plans (a) In connection with the individual retirement accounts, simplified employee pension plans, rollover individual retirement plans, educational IRAs and XXXX individual retirement accounts (“XXX Plans”), 403(b) Plans and money purchase and profit sharing plans (“Qualified Plans”) (collectively, the “Retirement Plans”) within the meaning of Section 408 of the Internal Revenue Code of 1986, as amended (the “Code”) sponsored by a Fund for which contributions of the Fund’s shareholders (the “Participants”) are invested solely in Shares of the Fund, Transfer Agent shall provide the following administrative services: (i) Establish a record of types and reasons for distributions (i.e., attainment of eligible withdrawal age, disability, death, return of excess contributions, etc.); (ii) Record method of distribution requested and/or made; (iii) Receive and process designation of beneficiary forms requests; (iv) Examine and process requests for direct transfers between custodians/trustees, transfer and pay over to the successor assets in the account and records pertaining thereto as requested; (v) Prepare any annual reports or returns required to be prepared and/or filed by a custodian of a Retirement Plan, including, but not limited to, an annual fair market value report, Forms 1099R and 5498; and file same with the IRS and provide same to Participant/Beneficiary, as applicable; and (vi) Perform applicable federal withholding and send Participants/Beneficiaries an annual TEFRA notice regarding required federal tax withholding. (b) Transfer Agent shall arrange for PFPC Trust Company to serve as custodian for the Retirement Plans sponsored by a Fund. (c) With respect to the Retirement Plans, Transfer Agent shall provide each Fund with the associated Retirement Plan documents for use by the Fund and Transfer Agent shall be responsible for the maintenance of such documents in compliance with all applicable provisions of the Code and the regulations promulgated thereunder.

  • Compensation Plans Following any termination of the Executive's employment, the Company shall pay the Executive all unpaid amounts, if any, to which the Executive is entitled as of the Date of Termination under any compensation plan or program of the Company, at the time such payments are due.

  • Deferred Compensation Plan Manager shall be eligible to participate in the First Mid-Illinois Bancshares, Inc. Deferred Compensation Plan in accordance with the terms and conditions of such Plan.

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